Shanti Priya v. Parakala Mahipal
HON'BLE SRI JUSTICE S. RAVI KUMAR Tr.CIVIL MISCELLANEOUS PETITION No.609 of 2013 ORDER:
This petition is filed to withdraw O.P.No.42 of 2013 from the file of Senior Civil Judge, Siricilla and transfer the same to Family Court, Hyderabad for disposal in accordance with law.
2. Petitioner herein is wife and she filed her affidavit in support of the petition, according to which, her marriage with respondent was performed on 08.04.2012 at Hyderabad and she joined her husband at the house of her in-laws at Siricilla and there she was subjected to harassment and was necked out from the house and she is staying with her parents at Kothapet in R.R. District.
She stated that she lodged a complaint against respondent/husband and the same is registered as Crime No.54 of with Saroornagar Women Police Station, and respondent/husband intentionally filed O.P. for divorce at Siricilla. She further stated that respondent/husband is not residing at Siricilla and only to harass her, he filed O.P.No.42 of 2013 at Siricilla. She further stated that she is residing at her parents' house and it is difficult for her to attend Court at Siricilla and considering her convenience, O.P.No.42 of 2013 may be transferred from Senior Civil Judge's Court, Siricilla to Family Court, Hyderabad.
3. Respondent in spite of taking time for filing counter, no counter is filed disputing the grounds urged for transfer.
4. Heard arguments.
5.
Advocate for petitioner/wife submitted respondent counsel took time for compromise and no compromise is effected and petitioner/wife is residing at Hyderabad and it is difficult for her to attend Siricilla Court and her request for transfer may be considered.
6. I have perused the material papers including affidavit of petitioner/wife. I have also perused copy of O.P.No.42 of 2013 filed by respondent/husband for dissolution of marriage. According to the contents of O.P., respondent is a resident of Bangalore and his native address is shown as Siricilla. Even for the respondent to go to Siricilla from Bangalore he has to pass through Hyderabad.
7.
The affidavit averments of petitioner/wife remained unchallenged, as no counter is filed on behalf of respondent/husband disputing the grounds urged for transfer.
8. Considering the reasons stated in the affidavit and also considering the convenience of petitioner/wife, O.P.No.42 of 2013 is withdrawn from the file of Senior Civil Judge, Siricilla, Karimnagar District and transferred to Family Court, Hyderabad for disposal in accordance with law.
9. Accordingly, this Transfer Miscellaneous Petition is allowed. No costs. Miscellaneous Petitions, if any pending, in this petition, shall stand closed.
__________________ S. RAVI KUMAR, J Date: 17-03-2015 gvl